Note – For the purpose of this document MLB Photographic shall be referred to as MLB.
The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) PAYMENTS/BOOKING FEE
a) Payments/booking fees are not returnable except in the event of MLB cancelling the booking (all sessions will be re-scheduled/postponed)
b) Payments/Booking fees taken are non refundable except in the event MLB cancels the booking. Except exceptional circumstances solely as a result of bereavement.
c) Cancellation of the session by the client will result in the client losing their payment/booking fee, (except in bereavement situations) & the full session (remaining) payment being paid to MLB by the client.
2a) MINIMUM SPEND
a) The client accepts that booking with MLB enters themselves (as client) into a contract whereupon a minimum spend of their session is required. Any promotional, vouchers or referral gifts given by MLB will only be provided to client following receipt of said session fee.
Hardship payment plans are available in special circumstances as to be discussed & agreed with MLB.
3) FULFILLMENT OF OBLIGATIONS
a) MLB shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure. Any monies remaining are to be paid when originally due.
b) The Client understands and accepts that the photographic coverage will be as MLB’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In case of illness & or global lockdown due to viruses, no refund will be made, however your session will be postponed until further notice and any remaining monies are still to be paid by original plan. This includes weddings, cake smashes, newborn & (Little Poser) sessions. I am a small business and require these payments to survive & feed my family. I understand in this situation, things will be uncertain and worrying for all, however anyone postponing a session/wedding will have priority booking over others once restrictions have been lifted.
All images produced by MLB are edited on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by MLB. MLB will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors and also prints/products from suppliers other than through MLB.
a) Although MLB will do its best to produce more proofs than discussed with the Client, there is no guarantee that any particular number of proofs will be produced.
6) ARTISTIC INPUT
a) Save as otherwise agreed between the Client and MLB, MLB shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken.
Due to the vagaries of weather and the willingness of subjects it may not be possible to capture the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, MLB may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all times during sessions. I will offer to re-schedule the session but unfortunately no refunds can be made in this situation.
b) MLB fully edits all images before presenting to Client. Additional edits are carried out at the discretion of MLB, and MLB reserves the right to charge the Client for additional editing to cover time involved, at a rate of £55 per image.
Any additional edit requests MUST be raised by Client at the gallery viewing stage. Requests not raised at gallery viewing stage will not be considered once products have been ordered.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by MLB at all times throughout the world. No image can be copied, scanned, saved, downloaded, screenshot or reproduced (filtered etc...) in any form whatsoever without the prior consent of MLB.
b) The Client may not alter or add to or manipulate a picture by means of computer, mobile, tablet or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without MLB’s written permission.
c) Permission to reproduce a picture is granted to the Client by MLB only when a fee for the reproduction has been agreed with MLB and an invoice has been issued by MLB and paid in full by the Client to MLB.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to MLB an unauthorised use fee of £200 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by MLB is personal to the Client and may not be assigned to any third party without MLB’s prior written consent.
f) The Client will fully indemnify MLB against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions
(including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without MLB’s prior written consent).
a) While MLB has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
9) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies MLB in writing of any discrepancy or error within 14 days of receipt.
b) If you choose to print your images with someone other than MLB Photographic, MLB Photographic will NOT be held responsible for the quality of third party printers.
10) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with MLB you are committing to buy the products.
11) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Linzi. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
12) USE OF PICTURES
a) MLB retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. No images will be taken, stored or published of a sensitive manner… sensitive images include images of genitalia. Newborn buttocks are excluded from sensitive material.
13) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
IMAGES ARE KEPT FOR THE PERIOD AS DOCUMENTED BY MLB AT THE DESCRETION OF MLB, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY MLB UPON GALLERY ACTIVATION, GALLERIES WILL REMAIN OPEN TO VIEW FOR 48HRS FROM RECEIPT OF YOUR PASSWORD.
A CHARGE OF £15 WILL BE INCURRED IF MLB HAS TO RE-ACTIVATE YOUR GALLERY.
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COVID19 STUDIO GUIDELINES
In preparation for the possibility of being able to open the studio at the end of July 2020 providing the Government guidelines don't change, I have created this page to clarify in detail how I will be working to keep myself and you safe.
This page will be updated regularly with any new information or procedures on which I will have to enforce to ensure I am following the Government COVID19 guidelines properly.
I appreicate this is a very unusual time for us all, and not being able to work in the same way as before will be very hard, as the type of photography session will also be very limited, as will the amount of people I can have in my studio at any one time, due to my studio being in my home. Availability will also be a lot less so I would like to thank you in advance for your patience during this time.
STUDIO GUIDELINES AND PRECAUTIONS FROM END OF JULY 2020:
BEFORE - Handwashing before and after a session has always been essential, as was washing props such as outfits and fabrics between each session, and a good clean of the studio.
ADDITONAL PRECAUTIONS - Hand sanitizer available for clients and myself to use, face masks and only one client per day.
Please read the following before coming to the studio, as this page might be updated regularly with new information. To keep myself and you safe the following must be strictly followed.
ILLNESS - If someone in you're household has been unwell in the last 72 hours, please rearrange you're session (no extra charge unless you have had to rearrange a cake smash booking, please contact me for details). Please note, I will also postpone a session if myself, or a member in my household also has been unwell.
PAYMENT - To book a session, a non-refundable booking fee must be made, and this is done via bank transfer. Going forward, all remaining balances MUST be paid via bank transfer a few days (or once your little one has arrived, for newborn sessions) before you're session is due (even if you have to re-schedule, remaining balance MUST be paid please see my T&C about booking fees/session fees) no cash will be exchanged.
LIMITED SESSIONS - Sessions will be limited for studio sessions, I can't safely social distance a family in my studio for family portraits unfortunately, I will be in touch when I can safely have large families in the studio again. For now I am focusing on doing location sessions for these types of sessions which can easily keep us 2 metres apart. Alternatively, if you are happy to wait for your family studio session you can and I will let you know as soon as I can safely do this for you.
NEWBORN SESSIONS - Only mum & baby will be allowed in the studio during the session. If you would like sibling/family shots done, these will be done at the end of your session and I ask that dad or a close family member/friend brings siblings.
PORTRAITS - From the above, you can appreicate that the sessions I can offer, especially in my studio are very limited. I mainly photography newborn, sitters, cake smashes and young children in the studio. Providing I can open from the end of July, I will only be able to have one child and one parent in to be able to follow social distancing safely.
- STUDIO ARRIVAL -
- I will take everyone's temperature at the door before you come in. If you have a temp of 37.8C or higher, you will politely be refused entry and asked to re-schedule your session for after 14 days.
- Please only bring in the absolute essentials to you're photoshoot, for example, nappies, towel, soother. Please do NOT bring toys, extra electronics, shopping...
- If possible, wear footwear that is easy to get on and off, as you will be asked to leave you're shoes outside the door. If possible, leave jackets / coats in the car.
- You will need to hand sanitize on entering the studio. Seating area will be available for you to sit on.
- Only one parent with one child will be allowed in the studio at any one time. If older siblings come in at the end of the session for sibling shots, they must not be allowed to run around or touch any props etc... (I know this may be difficult but it's very important!)
- NO DRINKS WILL BE OFFERED BUT PLEASE FEEL FREE TO BRING YOUR OWN BUT NO SNACKS OF ANY SORT, AND PLEASE TAKE YOUR RUBBISH HOME WITH YOU.
- Gloves & face masks will be worn by Linzi.